| Year of current version: | 2012 |
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| Date of entry into force of original text: | November 1970 |
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| Date of Text (Enacted): | October 10, 1967 |
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| Type of Text: | IP-related Laws: enacted by the Legislature |
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| Subject Matter: | Enforcement of IP and Related Laws |
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| Notes: |
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| Available Texts: | |
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| Dutch | 10 oktober 1967 - Gerechtelijk Wetboek (geactualiseerd in 2012)
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| French | 10 octobre 1967 - Code judiciaire (mise à jour en 2012)
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| Related Legislation: | Is amended by- March 28, 1984 - Patent Law (updated on December 22, 2008) (BE146)
- June 30, 1994 - Law transposing to Belgian Law the European Directive of May 14, 1991 on the Legal Protection of Computer Programs (updated July 17, 2007) (BE113)
- Law of August 31, 1998 transposing into Belgian Law the European Directive No. 96/9/EC of March 11, 1996 on the Legal Protection of Databases (BE067)
- Law of August 10, 1998 transposing into Belgian Judicial Law the European Directive No. 96/9/EC of March 11, 1996 on the Legal Protection of Databases (BE068)
- Law on Copyright and Neighboring Rights (of June 30, 1994, as amended by the Law of April 3, 1995) (BE064)
- June 30, 1994 - Law inserting Article 1412bis in the Judicial Code (BE043)
- Law of July 14, 1991 on Trade Practices and Consumer Information and Protection (consolidated as of 1994) (BE054)
- January 10, 1990 - Law on the Legal Protection of Topographies of Semiconductor Products (updated May 10, 2007) (BE123)
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| WIPO Lex No.: | BE136 |
Part 1 of the law consolidates all amendments until 2011. Parts 3 , 4 and 5 consolidates all amendments until 2012.
For specific provisions on intellectual property rights see:
- Competence of tribunal for Copyrights (Articles 572, 575, 589bis, 627 and 1369)
- Competence of tribunal for Patents (Articles 574, 1369bis to 1369ter)
- Counterfeiting (Articles 1481 to 1488 which have been repealed)
The notification by Belgium to the WTO under article 63.2 of TRIPS states:
'This Law makes provision inter alia for the following:
- pleas, reports and judgements to be public;
- an accusatory procedure and, in principle, a contentious procedure;
- decisions on the merits of the case to be made available to the parties (Article 792);
- ways of summoning the defendant (Articles 32 to 47);
- legal representation (Article 728);
- investigation and judgement of the case;
- submission of evidence (Article 870 to 1016);
- refusal to decide a case (Article 5);
- coercive regime if the principal sentence is not complied with (Article 1385 bis);
- payment of costs (Articles 1017 to 1024);
- the various legal remedies, including appeals against conviction in absentia, appeals, and appeals on a point of law (Article 21).
- frivolous or vexation appeal, which is punished by a fine (Article 1072 bis);
- the institution of ex parte proceedings if absolutely necessary (Articles 584, 1025, 1484).
Source: http://www.ejustice.just.fgov.be/loi/loi.htm